ACT Divorce Hearing: Do You Need to Attend?

Whether you need to attend your divorce hearing in the ACT depends on two things: whether you filed a joint or sole application, and whether there are children under 18.

For many applicants, the answer is no.

Joint Application — No Attendance Required

If you and your spouse filed a joint divorce application, neither party needs to attend the hearing — even if there are children under 18. The registrar reviews the paperwork and, if everything is in order, grants the divorce without any appearance from either party.

You will receive notification through the Commonwealth Courts Portal once the order is made.

Sole Application — It Depends

For sole applications, attendance is required only in specific circumstances:

• Children under 18: The applicant must attend so the registrar can confirm that proper arrangements have been made for the children's care under Section 55A
• Substituted service was ordered: If the court allowed you to serve documents through alternative channels (email, social media, or a family member), you may be required to attend to confirm the service details
• The respondent filed a Response to Divorce: If your spouse is contesting factual aspects of the application (such as the separation date or jurisdiction), you attend to address those issues

If none of these apply — sole application, no children, standard service completed — you typically do not need to attend.

How ACT Hearings Work

Most divorce hearings at the Canberra registry are conducted electronically. You participate by telephone or Microsoft Teams from wherever you are. Physical attendance at the Nigel Bowen Commonwealth Law Courts Building is rarely required for divorce matters.

The hearing itself is brief. A court registrar (not a judge) reviews the application, checks that all documents are in order, and confirms that statutory requirements have been met. For a straightforward, uncontested divorce, the hearing often takes less than five minutes.

What Can Go Wrong at a Hearing

The registrar will adjourn the hearing — postponing it to a later date — if:

• Service was not completed in time: The respondent was not served at least 28 days before the hearing (42 days for overseas service)
• Documents are missing or deficient: The eFiling affidavit was not properly witnessed, the marriage certificate is absent, or required translations were not provided
• Children's arrangements are inadequate: The application does not sufficiently demonstrate that proper arrangements exist for minor children
• The respondent raises a legitimate objection: Contesting the separation date or jurisdiction with evidence

An adjournment adds weeks to your timeline and requires you to attend a rescheduled hearing.

After the Hearing

If the divorce is granted, it does not take effect immediately. A mandatory waiting period of one month and one day applies. After that period, the digital Divorce Order is available for download from the portal.

You are not legally divorced until the order takes effect. Do not sign a Notice of Intended Marriage or take any steps toward remarriage until the order is finalised.

The ACT Divorce Filing Process Guide includes a hearing preparation checklist that ensures all documents are uploaded, service deadlines are met, and Section 55A requirements are addressed before your hearing date.

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